EPA's "Waters of the United States" (WOTUS) Overreach - Merits Arguments Start in the
ATLANTA, GA (Nov. 3, 2016): More than a year ago, Southeastern Legal Foundation (SLF) filed our challenge to the EPA and Army Corp’s over-broad definition of “waters of the United States” (WOTUS Rule), under the Clean Water Act. While the Supreme Court has not yet ruled on the proper venue for such a challenge, briefing on the merits of the case has started in the Sixth Circuit Court of Appeals. This week, SLF filed its joint industry opening brief arguing that the WOTUS Rule is invalid on its face and should be struck down. Through the WOTUS Rule, the EPA and the Army Corps seeks to control nearly every piece of land in the United States. Its unprecedented scope is irreconcilable with the Constitution, congressional intent, and Supreme Court precedent. Briefing will continue through the end of March 2017.